Citation : 2023 Latest Caselaw 3023 Tel
Judgement Date : 9 October, 2023
HON'BLE SMT. JUSTICE G. ANUPAMA CHAKRAVARTHY
CRIMINAL PETITION No.9858 OF 2023
O R D E R:
This Criminal Petition is filed under Section 482 of
the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.')
by the petitioner-respondent No.1 to quash the proceedings
against them in D.V.C.No.14 of 2023 pending on the file of
the learned IV Additional Junior Civil Judge-cum-XV
Additional Metropolitan Magistrate, Medchal-Malkajgiri
District at Kukatpally.
02. Heard learned counsel for the petitioner and
Sri S.Ganesh, learned Assistant Public Prosecutor for
respondent No.1-State. Perused the record.
03. In the light of the Judgment in Gaddameedi
Nagamani v. State of Telangana 1, a petition to quash
the proceedings in Domestic Violence Case is not
maintainable, as Section 29 of the Protection of Women
from Domestic Violence Act, 2005 affords an efficacious
2015 (2) ALD (CRL.) 764
remedy by way of an appeal against the act of the Court
below in taking cognizance and numbering the D.V.C.
04. In view of the above, the petitioners are at
liberty to avail the said remedy.
05. However, in view of the request made by the
learned counsel for the petitioner-respondent No.1, the
appearance/attendance of the petitioner-respondent No.1
in D.V.C.No.14 of 2023 pending on the file of the learned IV
Additional Junior Civil Judge-cum-XV Additional
Metropolitan Magistrate, Medchal-Malkajgiri District at
Kukatpally, is dispensed with, unless his presence is
required by the trial Court for a specific purpose and he
shall be represented by his counsel.
06. Accordingly, this Criminal Petition is disposed
of.
Pending miscellaneous applications, if any, shall stand closed.
__________________________________ G. ANUPAMA CHAKRAVARTHY, J Date: 09-OCT-2023 KHRM
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